The Tenth Amendment to the U.S. Constitution--States' Rights
 
A lot of attention has been given lately on the national level to the issue of states' rights and how these rights affect the relationship between individual states and the federal government. States rights are derived from the 10th amendment to the Constitution. Under the 10th amendment, states retain all powers except those delegated to the federal government. The 10th amendment reads: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
 
We have a federal government that is out of control - usurping the rights of the states, and corporate enterprises, and openly trampling on individual rights - all protected by the Constitution. This action goes against everything that we have been taught about what our government stands for, and many states are rising up and taking action. 30 states have some action pending in their legislatures to either pass resolutions or bills asserting their rights under the 10th amendment to the Constitution. 
 
How did the states get to the point that we have to resort to this action against the federal government? Several key events throughout the last 100 years led to the erosion of states' rights. 
 
--1913, the 17th amendment to the Constitution (direct election of senators). Prior to 1913, senators were elected by the state legislatures and were the protectors of their individual states at the federal level. After 1913, senators lost the direct relationship with the states that they had previously enjoyed.
--1913, the passing of the 16th amendment to the Constitution which authorized tax collection by the federal government.
--1933, The New Deal (under President Franklin Roosevelt).  The New Deal created many programs that were centralized at the federal level.
--1964, the Great Society. President Lyndon Johnson created the Great Society, which instituted numerous social programs at the federal level, most significantly federal funding of education. 
--1987, South Dakota vs. Dole (Supreme Court Case).   The Supreme Court ruled that South Dakota had to comply with federal mandates if it accepted federal funds. This case involved raising the drinking age to 21 or loose federal highway funds.
 --2009, dramatic increase in National Debt. This administration has accumulated more debt in 6 weeks than all prior 43 administrations combined. Massive social programs have either been approved or are pending. States are being told that in order to receive any of this massive stimulus money, they must comply with the conditions mandated by the federal government.
 
Where does Kansas fit into all this? In February, 2009, Senator Mary Pilcher-Cook introduced Senate Concurrent Resolution 1609 (later renamed SCR 1615) "claiming sovereignty under the 10th Amendment to the Constitution of the United States over certain powers; serving notice to the federal government to cease and desist certain mandates; providing that certain federal legislation be prohibited or repealed; and directing distribution".  Supporters of Senate Bill 1615 claim the federal government trampled on state rights by passing the massive economic revitalization act and attaching mandates that states must follow to receive most of the money. In spite of having 24 Senate sponsors, this bill was not allowed to come out of committee and receive a vote. The committee chairman has given assurances that the bill will be first on the docket in the next legislation in 2010.
 
Why is this important to you? We will either continue to have 50 sovereign states within a federal system, or the federal government will become so powerful that the states will become insignificant. If this happens, all laws, rules and regulations will be made by Washington alone, and the states will become insignificant and have no real authority. This goes against everything that the U.S. Constitution stands for. Are we willing to relinquish everything that generations have fought and died to preserve, or are we willing to get involved in current events, become active in civic groups, organizations and political activities and assert our rights under the Constitution to preserve our nation for future generations?
 
John Bradford
(913) 683-0871